THE NEWS-JOURNAL Raeford, N.C. Legal Advertising January 28, 2015 LEGAL NOTICE NOTICE OF PUBLIC HEARING HOKE COUNTY, NORTH CAROLINA NOTICE IS HEREBY GIVEN, pursuant to G.S. 153A-323, that the following Public Hearings will be held before the Hoke County Planning Board on Thursday, February 12, 2015 at 7:00 pm, at the Pratt Building, 227 N. Main Street, Raeford, NC, for the purpose of hearing the following: A. Application for Conditional Use 1-15 submitted by United Developers INC the property at Club Pond Road. The property more specifically identified by the Hoke County Tax Records as potion of PIN 494450001444 (1.56 +/-) acres RMF Multi-Family Residential District. Request is for 24 unit apartment building. All interested citizens are invited to attend this hearing and be heard. Changes may be made in the advertised proposal, which reflect information presented at the hearing. The above listed items may be viewed in the Planning Department, 423 E. Central Avenue, Raeford, NC. Jacqueline Lowery, Planning Clerk 47-48C CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF LENDWARD SIMPSON 15 E 13 All persons, firms and corporations having claims against Lendward Simpson, deceased, are hereby notified to exhibit them to Jacqueline Y. Simpson, Administratrix, of the estate of the decedent at 209 N. Bethel Rd., Raeford, NC 28376, on or before the 28th day of April, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Administratrix. This the 28th day of January, 2015. Jacqueline Y. Simpson, Administratrix Of the estate of Lendward Simpson 209 N. Bethel Rd. Raeford, NC 28376 47-50P CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF WOON S. GRUBB 15 E 12 All persons, firms and corporations having claims against Woon S. Grubb, deceased, are hereby notified to exhibit them to Stevie Grubb, Executrix, of the estate of the decedent at 3642 Cedar Springs, Concord, NC 28027, on or before the 28th day of April, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Executrix. This the 28th day of January, 2015. Stevie Grubb, Executrix Of the estate of Woon S. Grubb 3642 Cedar Springs Concord, NC 28027 47-50P NOTICE OF SALE American Flag Storage-Hoke 101 Carolina Dr. Raeford, NC 28376 910-875-9049 TO: UNIT: Norman D Russell E00003 Tamarylyn L. Graham A00071 Dawn Harloff C00037 Natasha Allen F00106 American Flag Storage-Hoke, 101 Carolina Drive, Raeford, NC 28376, has possessory lien on all of the goods stored in the prospective units above. All these items of personal property are being sold pursuant to the assertion of the lien on February 25, 2015 at 10:00 a.m. in order to collect the amounts due from you. The public sale will take place at 101 Carolina Dr., Raeford, NC 28376. This is: January 20, 2014 NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY 14-SP-248 Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Artis Taylor AKA Artis L. Taylor Jr. and Jerri Taylor AKA Jerri J. Taylor, dated June 5, 2006 and recorded on June 12, 2006 in Book No. 00718 at Page 0218 in the Office of the Register of Deeds of Hoke County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebted-ness secured by said Deed of Trust, the under-signed Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Hoke County Courthouse, Raeford, North Carolina on February 5, 2015 at 10:00 AM that parcel of land, including improvements thereon, situated, lying and being in the City of Raeford, County of Hoke, State of North Carolina, and being more particularly described in the above referenced Deed of Trust. Address of property: 3012 Calloway Rd, Raeford, NC 28376-7788. Tax Parcel ID: 584960001100 Present Record Owners: Artis Taylor AKA Artis L. Taylor Jr. and Jerri Taylor AKA Jerri J. Taylor. The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. The successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee. Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 4521.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009. Rogers Townsend & Thomas, PC, Substitute Trustee (803)744-4444, 113081-06241 P1127221 1/28, 02/04/2015 47-48C NOTICE OF FORECLOSURE SALE 14 SP 266 NORTH CAROLINA, HOKE COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Milton Vila and Jamie R. Vila a/k/a Jamie Vila to John L. Matthews or Timothy M. Bartosh, Trustee(s), which was dated April 3, 2003 and recorded on April 9, 2003 in Book 547 at Page 564, Hoke County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on February 10, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Hoke County, North Carolina, to wit: BEING ALL OF LOT 72, IN A SUBDIVISION KNOWN AS PARKERS GROVE, SECTION TWO PART B, AND RECORDED IN PLAT CABINET 2, AND SLIDE 2-82, MAP 002, HOKE COUNTY REGISTRY, NORTH CAROLINA. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 106 Fetlock Court, Raeford, NC 28376. A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Milton Vila and wife, Jamie R. Vila. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Trustee Services of Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys for Trustee Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 08-04983-FC02 47-48C NOTICE OF FORECLOSURE SALE 14 SP 280 NORTH CAROLINA, HOKE COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Leo Joseph VanDeusen, II a/k/a Leo J. VanDeusen, II and Robbin E. VanDeusen to Swan Title Corp, Trustee(s), which was dated April 20, 2012 and recorded on April 25, 2012 in Book 984 at Page 714, Hoke County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on February 10, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Hoke County, North Carolina, to wit: Being all of Lot 155 as shown on a plat entitled Steelechase, Section 2, duly recorded in Plat Cabinet 3, Slide, 3-65, Maps 001 & 002, Hoke County Registry, North Carolina. __This being the same property conveyed to Leo Joseph VanDeusen II and wife, Robbin E. VenDeusen by deed of Caviness Land Development, Inc dated July 14 2009 and recorded July 20, 2009 in Book 866 at Page 905. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 150 Blacksmith Lane, Raeford, NC 28376. A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Leo Joseph VanDeusen, II and wife, Robbin E. VanDeusen. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Trustee Services of Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys for Trustee Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 14-26206-FC01 47-48C NOTICE OF FORECLOSURE SALE 14 SP 168 NORTH CAROLINA, HOKE COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Theresa M. Ditchfield to William R. Echols, Trustee(s), which was dated June 13, 2008 and recorded on June 19, 2008 in Book 813 at Page 304, Hoke County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on February 10, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Hoke County, North Carolina, to wit: Being all of Lot 21 in a subdivision known as GALATIA FARMS and the same being duly recorded in Plat Cabinet 3, Slide 3-29, Map 2, Hoke County Registry, North Carolina.__ Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 120 Hidalgo Drive, Raeford, NC 28376. A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Theresa M. Ditchfield. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Trustee Services of Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys for Trustee Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 10-28869-FC02 47-48C Legal Advertising THE NEWS-JOURNAL Raeford, N.C. NOTICE TO CREDITORS Having qualified as Administratrix CTA for the Estate of Ilona McDaniel, late of 2601 Calloway Road, Raeford, Hoke County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned at 225 N. Bennett Street, Southern Pines, North Carolina, 28387, on or before the 24th day of April, 2015 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned. This the 21st day of January, 2015. Emily A. Tobias Administratrix CTA for the Estate of Ilona McDaniel Emily A. Tobias Gill & Tobias, LLP 225 N. Bennett Street Southern Pines, NC 28387 46-49P of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws. A cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale. An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 https://sales.hutchenslawfirm.com Case No: 1147683 (FC.FAY) 46-47C CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF RONALD MCVICKER 14 E 186 All persons, firms and corporations having claims against Ronald McVicker, deceased, are hereby notified to exhibit them Rhonda Outlaw, Executrix, of the estate of the decedent at 9175 McFarland Rd., Laurel Hill, NC 28351, on or before the 21st day of April, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Executrix. This the 21st day of January, 2015. Rhonda Outlaw, Executrix Of the estate of Ronald McVicker 9175 McFarland Rd. Laurel Hill, NC 28351 46-49P NOTICE OF FORECLOSURE SALE Under and by virtue of the power of sale contained in a certain Deed of Trust made by Chad S. Thornton and Jacqueline C. Thornton to David W. Allred, Trustee(s), dated the 12th day of March, 2010, and recorded in Book 893, Page 476, in Hoke County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Hoke County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Raeford, Hoke County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on February 5, 2015 and will sell to the highest bidder for cash the following real estate situated in the County of Hoke, North Carolina, and being more particularly described as follows: Being all of Lot Number 24 in a subdivision known as Stone Ridge, Section Two, Part Two and the same being duly recorded in Plat Cabinet 2, at Slide 2-52, Map 5, Hoke County Registry, North Carolina. Together with improvements located thereon; said property being located at 112 Congaree Drive, Raeford, North Carolina. Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23. Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1). The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative January 28, 2015 NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE NORTH CAROLINA HOKE COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 14-SP-284 IN THE MATTER OF THE FORECLOSURE O F T H E DEED OF TRUST OF SHERYL L. CARR and RICHARD D. CARR, Grantor, TO MARK T. ADERHOLD, ESQUIRE, Substitute Trustee, AS RECORDED IN BOOK 428 AT PAGE 700 OF THE HOKE PUBLIC REGISTRY. Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by SHERYL L. CARR and RICHARD D. CARR, dated September 28, 1999, and recorded in the Office of the Register of Deeds in Book 428 at Page 700, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court entered in this foreclosure proceeding, the undersigned, MARK T. ADERHOLD, Substitute Trustee, will expose for sale at public auction on the 6th day of February, 2015 at 10:30 AM at the door of the Hoke County Courthouse, Raeford, North Carolina, the real property described in Exhibit A attached hereto and incorporated herein by reference (including permanent structures, if any, and any other improvements attached to the real property including any mobile home or manufactured home, whether single wide or double wide, located thereon). The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner of the above described real property as reflected on the records of the Hoke County Register of Deeds not more than ten (10) days prior to the posting of this Notice is RICHARD D. CARR and SHERYL L. CARR. Pursuant to North Carolina General Statutes Section 4521.10, and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit not to exceed the greater of five percent (5.0%) of the amount of the bid or seven hundred fifty dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In the event the property owner(s) file a bankruptcy petition prior to the expiration of the 10-day upset bid period, an automatic stay of the foreclosure sale will be imposed in accordance with the Bankruptcy Code (11 U.S.C. § 362) and the bidder must pursue relief through the bankruptcy court. Should the property be purchased by a third party, that party must pay the tax of Forty-five Cents ($0.45) per One Hundred Dollars ($100.00) pursuant to N.C.G.S. § 7A-308(a) (1). Please be advised that the Clerk of Superior Court may issue an order for possession of the property pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of such rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS”. Neither the Substitute Trustee nor the holder of the promissory note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the promissory note make any representation of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale will be held open ten (10) days for upset bids as required by law. This the 13th day of January, 2015. MARK T. ADERHOLD, Substitute Trustee 2596 Reynolda Road, Suite C Winston-Salem, North Carolina 27106 (336) 723-3530 EXHIBIT “A” A certain tract or parcel of land in Stonewall Township, Hoke County, North Carolina situated about nine miles southeast of Raeford, North Carolina, lying about 600 feet south of NC.S.R. No. 1003, Arabia Road, about 3000 feet west of its intersection with N.C.S.R. No. 1440, Everitt Road, adjoining the lands of Joseph Bryant on the east, south and west and by Linda Sue Graham on the north, being further described as follows: BEGINNING at an iron rod in a ditch, said iron located South 34 degrees 28 minutes 35 seconds West a distance of 7.02 from an iron rod in concrete, said beginning point being the southwest corner of the Linda Sue Graham 4.19 acre tract described in Deed Book 272, at Page 371 in the Hoke County Registry, and a corner of the Joseph Bryant tract of which the hereon described property is a part as described and recorded in Deed Book 244, at Page 092, said beginning point further located South 12 degrees 53 minutes 25 seconds West a distance of 83.27 feet from an iron rod at the southeast corner of the Phillip Jones tract as described in Deed Book 264, at Page 752. THENCE at a common line with Graham and Bryant, South 78 degrees 36 minutes 55 seconds East for a distance of 210.00 feet to a rebar in said line; THENCE South 10 degrees 02 minutes 20 seconds West for a distance of 210.02 feet to a rebar; THENCE North 78 degrees 37 minutes 15 seconds West for a distance of 213.39 feet to a rebar in a ditch; THENCE North 10 degrees 57 minutes 45 second East for a distance of 209.99 feet to the point of beginning. Together with and subject to convenants, easements, and restrictions of record. Said property contains 1.02 acre more or less and being a portion of the property conveyed to Grantor by deed recorded in Book 244 at Page 094, Hoke County Registry, North Carolina. The above described tract is subject to the nonexclusive use of a 30’ access easement, said easement being further described as follows: BEGINNING at an iron rod in a ditch, said iron located South 34 degrees 28 minutes 35 seconds West a distance of 7.02 from an iron rod in concrete, said beginning point being the southwest corner of the Linda Sue Graham 4.19 acre tract described in Deed Book 272, at Page 371 in the Hoke County Registry and a corner of the Joseph Bryant tract of which the hereon described property is a part as described and recorded in Deed Book 244, at Page 092, said beginning point further located South 12 degrees 53 minutes 25 seconds West a distance of 83.27 feet from an iron rod at the southeast corner of the Phillip Jones tract as described in Deed Book 264, at Page 752; THENCE at the west line of the above described 1.02 acre lot, South 10 degrees 57 minutes 45 seconds West for a distance of 34.03 feet to a point in said line; THENCE North 50 degrees 52 minutes 35 seconds West for a distance of 165.53 feet to a point; THENCE North 44 degrees 22 minutes 40 seconds West for a distance of 222.17 feet to a point; THENCE North 06 degrees 41 minutes 10 seconds East for a distance of 59.77 feet to a point; THENCE North 06 degrees 40 minutes 40 seconds West for a distance of 190.47 feet to a point; THENCE North 00 degrees 30 minutes 00 seconds East for a distance of 255.97 feet to a point in the south right of way line of N.C.S.R. No. 1003, Arabia Road; THENCE South 73 degrees 08 minutes 15 seconds East for a distance of 33.42 feet to an iron rod in said right of way line, the northeast corner of the Cherokee Indians of Hoke County 1.78 acre tract as described in Deed Book 228, at Page 306; THENCE at the east line of said 1.78 acre tract, South 00 degrees 47 minutes 45 seconds West for a distance of 208.90 feet to an iron rod, the southeast corner of said 1.78 acre tract and the northeast corner of the Saint John Bryant tract described in Deed Book 326, at Page 427; THENCE as a common line with Saint Joseph Bryant, South 01 degrees 46 minutes 10 seconds West for a distance of 37.11 feet to a rebar; a corner of Joseph Bryant (Deed Book 244, Page 094); THENCE South 06 degrees 40 minutes 40 seconds East for a distance of 190.78 feet to a point; THENCE South 06 degrees 41 minutes 10 seconds West for a distance of 48.95 feet to a point; THENCE South 44 degrees 22 minutes 40 seconds East for a distance of 206.14 feet to a rebar the southwest corner of the Phillip Jones tract (Deed Book 264, Page 752); THENCE South 50 degrees 52 minutes 35 seconds East for a distance of 147.77 feet to the point of beginning and being all of the easement. 47-48C NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP147 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CHRISTOPHER D. RILEY AND KATIE M. KICHMAN DATED JULY 16, 2010 AND RECORDED IN BOOK 907 AT PAGE 508 IN THE HOKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30AM on February 11, 2015 the following described real estate and any other improvements which may be situated thereon, in Hoke County, North Carolina, and being more particularly described as follows: Being all of Lot 40 in a subdivision known as Ridge Manor, Section One, according to a plat of same being duly recorded in Slide 321, Map 3, Hoke County. And Being more commonly known as: 310 Ridge Manor Dr, Raeford, NC 28376 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Christopher D. Riley and Katie K. Riley. The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is January 5, 2015. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 14-062107 47-48C NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP14 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY PATRICK T. DAVIS AND TANYA DAVIS DATED JUNE 13, 2005 AND RECORDED IN BOOK 673 AT PAGE 279 IN THE HOKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30AM on February 11, 2015 the following described real estate and any other improvements which may be situated thereon, in Hoke County, North Carolina, and being more particularly described as follows: Being all of Lot No. 35, in a subdivision known as Woods Edge, Phase Two, according to a plat of the same duly recorded in Plat Cabinet 3, Slide 3-18, Map 006 and Map 007, Hoke County Registry, North Carolina. And Being more commonly known as: 223 Sanford Ct, Raeford, NC 28376 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Patrick T. Davis. The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is December 30, 2014. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 14-057428 47-48C Legal Advertising THE NEWS-JOURNAL Raeford, N.C. January 28, 2015 NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP242 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ADRIAN A. SIMMONS AND NICHOLE A. SIMMONS DATED JANUARY 12, 2011 AND RECORDED IN BOOK 929 AT PAGE 924 IN THE HOKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:30AM on February 4, 2015 the following described real estate and any other improvements which may be situated thereon, in Hoke County, North Carolina, and being more particularly described as follows: BEING all of Lot 84 in a Subdivision known as Stonewall, Section Six, according to a plat of same being duly recorded in Plat Cabinet 374, Slide 4, Hoke County Registry. And Being more commonly known as: 102 Laura Ln, Raeford, NC 28376 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Estate of Adrian A. Simmons. The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is January 15, 2015. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 14-064869 46-47C NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP241 IN THE MATTER OF THE FORECLOSURE OFA DEED OF TRUST EXECUTED BY SARAH L. VALENTIN AND KENNETH VALENTIN DATED APRIL 11, 2006 AND RECORDED IN BOOK 710 AT PAGE 410 IN THE HOKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:30AM on February 4, 2015 the following described real estate and any other improvements which may be situated thereon, in Hoke County, North Carolina, and being more particularly described as follows: Being all of Lot 7 (1.11 Acres) in a subdivision known as William A. Brown, according to a slide 2-66 and map 007 recorded in Hoke County Registry, North Carolina. And Being more commonly known as: 289 Angle Dr, Fayetteville, NC 28304 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Sarah L. Valentin and Kenneth Valentin. The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is January 15, 2015. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 14-064867 46-47C CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF TOMMIE CHAVIS, JR. 14 E 201 All persons, firms and corporations having claims against Tommie Chavis, Jr., deceased, are hereby notified to exhibit them Linda C. Dial, Administratrix, of the estate of the decedent at 8301 Red Springs Road, Red Springs, NC 28377, on or before the 14th day of April, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Administratrix. This the 14th day of January, 2015. Linda C. Dial, Administratrix Of the estate of Tommie Chavis, Jr. 8301 Red Springs Rd. Red Springs, NC 28377 45-48P Legal Notice NORTH CAROLINA HOKE COUNTY The undersigned, Blair Gulezian, having qualified on December 16, 2014, as Personal Representative of the ESTATE OF MARK GERALD GULEZIAN a/k/a Mark _G. Gulezian, deceased, hereby notifies all persons, firms or corporations having claims against said Estate that they must present them to the attorney for the estate as set forth below, on or before April 10, 2015, or the claims will be forever barred thereafter, and this notice will be pleaded in bar of their recovery. All persons, firms or corporations indebted to said Estate will please make immediate payment to the undersigned. This the 7th day of January, 2015. Blair Gulezian Personal Representative Estate of Mark Gerald Gulezian a/k/a Mark G. Gulezian Margaret Lorenz Attorney for the Estate 230 North Bennett Street Southern Pines, NC 28387 44-47C CREDITOR’S NOTICE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk COUNTY OF HOKE IN THE MATTER OF FRANCES JEANETTE CRAWFORD 15 E 01 All persons, firms and corporations having claims against Frances Jeanette Crawford, deceased, are hereby notified to exhibit them to Daniel F. Armagost, Executor, of the estate of the decedent at 1407 Elma St., Spring Lake, NC 28390, on or before the 14th day of April, 2015, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Executor. This the 14th day of January, 2015. Daniel F. Armagost, Executor Of the estate of Frances Jeanette Crawford 1407 Elma St. Spring Lake, NC 28390 45-48P NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP272 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ANGEL FIGUEROA DATED SEPTEMBER 12, 2012 AND RECORDED IN BOOK 1002 AT PAGE 1027 IN THE HOKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30AM on February 11, 2015 the following described real estate and any other improvements which may be situated thereon, in Hoke County, North Carolina, and being more particularly described as follows: Being all of Lot 115, in a subdivision known as Section Two, Summerfield East, Property of Thomas Family Business, plat of the same being recorded in Plat Cabinet 2, Slide 2-34, Map 3, Hoke County Registry, North Carolina. And Being more commonly known as: 782 South Buckeye Dr, Raeford, NC 28376 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Angel Figueroa. The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is January 22, 2015. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 14-066129 47-48C NOTICE OF FORECLOSURE SALE 14 SP 258 NORTH CAROLINA, HOKE COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Scott Dykema II to Michael J. Broker, Trustee(s), which was dated November 21, 2011 and recorded on November 23, 2011 in Book 00965 at Page 0329, Hoke County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on February 3, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Hoke County, North Carolina, to wit: Being all of Lot 221, in a subdivision known as A Revision of Lots 217-221 The Estates at Steeplechase, and the same being duly recorded in Plat Cabinet 3, slide 2-100, Map 4, Hoke County Registry, North Carolina. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 4946 Aberdeen Road, Raeford, NC 28376. A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Scott Dykema, II. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Trustee Services of Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys for Trustee Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 14-16982-FC01 46-47C NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION HOKE COUNTY 14SP89 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY RUTH E. ELLINGTON DATED APRIL 8, 2010 AND RECORDED IN BOOK 896 AT PAGE 336 IN THE HOKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 12:30PM on February 6, 2015 the following described real estate and any other improvements which may be situated thereon, in Hoke County, North Carolina, and being more particularly described as follows: BEING all of Lot Number 822 in a subdivision known as A REVISION OF LOTS 818-823 OF THE PLAT RECORDED IN PLAT CAB. 3, SLIDE 3-72, MAP 1 THE TOWNS AT WESTGATE and the same being duly recorded in Plat Cabinet 3, at Slide 3-92, Map 7, Hoke, County Registry, North Carolina. And Being more commonly known as: 146 Collinwood Dr, Raeford, NC 28376 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Ruth E. Ellington. The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is January 8, 2015. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 14-059933 46-47C LEGAL DEADLINE: NOON FRIDAY prior to publication date E-mail legals to: [email protected]
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